negligence in general, see Negligence, § 136.

SIMULATION.

SPECIAL APPEARANCE.

See Appearance, § 9.

SPECIAL FINDINGS.

See Trial, §§ 350-365.

SPECIAL INTERROGATORIES.

See Trial, §§ 350-365.

SPECIAL JUDGES.

See Judges, § 15.

SPECIAL PARTNERS.

See Partnership, § 371.

SPECIAL PRIVILEGES.

Grant of special privileges or immunities, con-
stitutional prohibition, see Constitutional
Law, § 205.

SPECIAL PROCEEDINGS.

See Certiorari; Habeas Corpus; Mandamus;
Prohibition.

Liquors, $$ 69-74.

Pastardy proceedings, see Bastards, § 31.
Condemnation proceedings, see Eminent Do-
main, § 254.

Disbarment of attorney, see Attorney and Cli-
ent, § 53.

SISTERS.

Right of action for wrongful death of brother,
see Death, § 31.

$ 37.

SITUS.

Establishment of boundaries, see Boundaries,

SPECIAL TAXES.

SLANDER.

See Libel and Slander.

SPECIAL TRAINS.

Expense of special train as element of damages,
for breach of contract to transport passen-
ger, see Carriers, § 277.

SPECIAL VERDICT.

See Trial, §§ 350-365.

SPECIFICATION OF ERRORS.

STANDARD.

SPECIFIC PERFORMANCE.

I. NATURE AND GROUNDS OF REM-
EDY IN GENERAL.

16. Where the price of the land fixed by the
contract sought to be specifically enforced was
its fair value when the contract was made, that
the land subsequently increased in value is suffi-
cient ground for denying specific performance.—
Rausch v. Hanson (S. D.) 611.

II. CONTRACTS ENFORCEABLE.
§ 28. A contract for the sale and purchase of
real estate held to sufficiently describe the land
to render the contract enforceable.-Stenson v.
Elfmann (S. D.) 588.

41. Civ. Code, § 1311, held to recognize as
a part of the law of the state the rule that an
oral contract for the sale of real estate accom-
panied by part performance is enforceable.
Stenson v. Elfmann (S. D.) 588.

§ 41. A contract for the sale of real estate
executed by a husband alone, though his wife
was mentioned in the body thereof, held enforce-
able against the wife because of part perform-
ance by the purchaser.-Stenson v. Elfmann (S.
D.) 588.

III. GOOD FAITH AND DILIGENCE.

§ 101. Specific performance of a contract to
convey held properly decreed where plaintiff's
forfeiture of rights under the contract by default
in paying installments had been waived by de-
fendant.-Rausch v. Hanson (S. D.) 611.

IV. PROCEEDINGS AND RELIEF.
Motion to make complaint more definite and
certain, see Pleading, § 367.
Right to plead in reply, see Pleading, § 171.

114. Under Code Civ. Proc. § 139, a com-
plaint in an action for specific performance of a
contract to sell real estate held to sufficiently al-
lege performance by the purchaser of conditions
required of him.-Stenson v. Elfmann (S. D.)
588.

§ 121. In a suit for the specific performance
of an oral contract to sell land, evidence held

to justify a finding of an oral contract fully
performed by the purchaser.-Brown v. Brown
(Mich.) 195.

§ 121. In an action to compel specific per-
formance of an agreement to convey land, evi-

dence held to sustain a finding of a waiver by de-

fendant of the forfeiture clause in the contract.
-Rausch v. Hanson (S. D.) 611.

SPIRITUOUS LIQUORS.

STATE ENGINEER.

Certiorari to review filing of petition for license
to appropriate water for irrigation, see Cer-
tiorari, 88 27, 28.

STATEMENT.

Admissions, see Evidence, §§ 201-265.
By accused or other persons as part of res
gestæ, see Criminal Law, §§ 364-366.
By witness inconsistent with testimony, see
Witnesses, §§ 388-396.
Declarations, see Criminal Law, §§ 422-427;
Evidence, §§ 271-310.

Hearsay, see Evidence. §§ 317, 318.
Of case or facts for purpose of review, see Ap-
peal and Error, § 567; Justices of the Peace,
§ 164.

Of facts on motion for new trial, see New Tri-
al. § 131.
Of grounds for objection to evidence, see Trial.
§ 83.

Of mechanic's lien, see Mechanics' Liens, §§

116-157.

Of plaintiff's demand, see Pleading, § 53.

For statutes relating to particular subjects, see
the various specific topics.

toxicating Liquors.

STAGING.

Liability of master for injuries to servant from
defects, see Master and Servant, § 116.

STALE DEMANDS.

Laches in general, see Equity, 88 67-88.

Law.

Laws denying due process of laws, see Constitu-
tional Law, §§ 257-308.

Laws denying the equal protection of the laws,
Laws granting special privileges or immunities,
see Constitutional Law, §§ 224-240.
see Constitutional Law, §§ 205-208.
Laws impairing vested rights, see Constitu-
tional Law, §§ 98, 106.

Municipal ordinances, see Municipal Corpora-
tions. § 111.

II. GENERAL AND SPECIAL OR LO-
CAL LAWS.

Grant of special privileges or immunities, see
Constitutional Law, § 205.

V. REPEAL, SUSPENSION, EXPIRA-
TION, AND REVIVAL.

Repeal of statutes relating to particular sub-
jects.

See Elections, § 120; Schools and School Dis-
tricts, § 22.

Assessment of taxes, see Taxation, § 446.
Foreign corporations, see Corporations, § 641.
Redemption from tax sale, see Taxation, § 696.

161. Repeals of statutes by implication held
not favored.-School Dist., Tp. of Union v. In-
dependent School Dist. of Stockport (Iowa) 848.
§ 167. There is no presumption that revised
statutes are intended to alter the existing law,
and they will not be construed to do so, unless
it is clear that such was the intent.-In re
Lockey's Estate (Minn.) 833.

VI. CONSTRUCTION AND OPERA-

TION.

Construction to avoid unconstitutionality. see
Constitutional Law, § 48.

(A) General Rules of Construction.

Laws authorizing counties to relocate houses of
correction, see Counties, § 103.
Laws relating to notice of mortgage foreclosure
sales, see Mortgages, § 354.

§§ 174, 175. Rule stated for construing a
statute which when applied in the ordinary
sense of the words used would lead to a result
so unreasonable as to suggest that such was
not its purpose.-State v. Phelps (Wis.) 1041;
Same v. Frear (Wis.) 1061.

§ 181. Judicial rules are not to be applied to
put a meaning into a statute, but to get the in-
tended meaning out of it without violation of
rules of language or of law.-Neacy v. Board of
Sup'rs of Milwaukee County (Wis.) 1063.

8 184. In construing a statute which, when
applied in the ordinary sense of the words used,
would lead to a result so unreasonable as to
suggest that such was not its purpose, the
court may consider the objects to be attained.
State v. Phelps (Wis.) 1041; Same v. Frear
(Wis.) 1061.

§ 185. In construing a statute, words neces-
sarily implied from those used are as clearly

a part thereof as the words used.-State v.
Phelps (Wis.) 1041; Same v. Frear (Wis.) 1061.
construing a statute.-Neacy v. Board of Sup'rs
§ 200. Rule stated as to supplying words in
of Milwaukee County (Wis.) 1063.

§ 201. Rule stated as to transposing words
in construing a statute.-Neacy v. Board of
Sup'rs of Milwaukee County (Wis.) 1063.

8202. Rule stated as to eliminating words
in construing a statute.-Neacy v. Board of
Sup'rs of Milwaukee County (Wis.) 1063.

to

§ 206. In construing a statute which, when
applied in the ordinary sense of the words used,
would lead to a result so unreasonable as
suggest that such was not its purpose, the
court may look to the entire statute as to sub-
ject-matter. State v. Phelps (Wis.) 1041; Same
v. Frear (Wis.) 1061.

§ 215. In construing a statute which, when
applied in the ordinary sense of the words used,
would lead to a result so unreasonable as to
suggest that such was not its purpose, the court
may consider the surrounding circumstances
and existing conditions.-State v. Phelps (Wis.)
1041; Same v. Frear (Wis.) 1061.

§ 2254. Where the attempt is made to in-
corporate parts of a former law into one being
presently made, the language used should indi-
cate with reasonable certainty what was in the
legislative mind.-State v. Frear (Wis.) 1068.

$226. The Supreme Court need not follow
the erroneous construction of a foreign statute
by a foreign court, though such statute be copied
into the laws of South Dakota.-Pierson v. Min-
nehaha County (S. D.) 616.

§ 226. The judicial construction given a stat-
ute in the state from which it is borrowed is
significant. In re Bullen's Estate (Wis.) 109.

§ 231. A change in the language of statutes
in a general revision will ordinarily be ascribed
to a purpose to condense the new statute.-
United States & Canada Land Co. v. Sullivan
(Minn.) 1112.

(B) Particular Classes of Statutes.

§ 235. The rule that certain classes of laws
are to be strictly construed does not mean that
the true meaning of the language should not be
ascertained and applied.-St. John's Military
Academy v. Edwards (Wis.) 113.

VII. PLEADING AND EVIDENCE.
Judicial notice, see Evidence, § 37.

§ 279. While federal statutes need not be
pleaded, facts rendering them applicable must
be.-Bradbury v. Chicago, R. I. & P. Ry. Co.
(Iowa) 1.

663

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